Carlson

Plaintiff appeals from a judgment entered in the lower court dismissing the action herein for failure to file an amended complaint as allowed by the order of the trial court after sustaining a demurrer to the plaintiff’s first amended complaint. The action was begun by the plaintiff to secure a decree rescinding, on the grounds of fraud and deceit, a contract of purchase for a tract of land comprising between eight and nine acres situated in Arboga Colony, county of Yuba, state of California, entered into between the plaintiff and defendant on or about the fifteenth day of October, 1912, and for the recovery of damages alleged to have been suffered by the plaintiff.

The demurrer to the complaint was both special and general, and was sustained by the lower court with leave to amend, which was not done.

The complaint shows that the plaintiff, a Swede by birth, a farmer by occupation, was, prior to the tenth day of October, 1912, a resident of the state of Michigan, of the same religious faith as one Hallner, living in Sacramento, in the state of California, a pastor of a church of the same faith as plaintiff; that on or about the first day of October, 1912, a letter was received…